Smoking-ban bill detoured to another panel
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

House members Wednesday avoided an up-or-down final vote on a bill to ban smoking in a car with a young child by using a rare parliamentary maneuver.

SB14 already had passed the Senate and had been debated in two committees to get to the House floor, where it was awaiting a last legislative vote. But Rep. Carl Wimmer, R-Herriman, marshaled a majority of colleagues to send it to the Law Enforcement and Criminal Justice Committee.

Wimmer, a former policeman, said officers wanted more time to comment and ask questions about the bill.

However, Wimmer acknowledged that he is ideologically opposed to the bill and says the move was, at least in part, intended to kill the measure.

His opposition, he said, was not personal, but because the legislation "is an affront to freedom."

"It's not our proper role for our legislative arm of government to reach its hand out and reach into someone's personal property" and tell them what they can and cannot do, said Wimmer, who added that his brother recently died from cancer, so "the good intentions of the bill are not lost on me."

The House's vote to move the bill to a committee upset Michael Siler, government relations director for the American Cancer Society.

"It was not very courageous. I hope they will vote it up and down in the light of day instead of attempt to kill the bill in the dark of night," Siler said.

Sen. Scott McCoy, the bill's sponsor, said the maneuver was "disingenuous because law enforcement doesn't really have concerns about the bill."

He said the Fraternal Order of Police is the only group to take a stand, and they supported the bill, which would make smoking in a car with a child under 5 a secondary offense. It would be enforced only when a motorist was pulled over for another offense.

"I wanted an up-and-down vote on the floor on this bill. I wanted it to be judged on its own merits," he said. "If they didn't like it, don't vote for it. Don't give yourself some kind of cover."

Supporters said the bill was needed to protect the health of children under the age of 5, who have no choice about whether they are in a car with a smoking adult.

Rep. Christine Johnson, D-Salt Lake City, brought a pack of cigarettes and invited colleagues to sit in her car while she lit one up. No one took her up on the offer.

"If it's not good enough for us, why is it good enough for Utah's children?" she asked.

smcfarland@sltrib.com

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* ROBERT GEHRKE contributed to this article.

Rep. Carl Wimmer said police officers wanted more time to comment and ask questions about the plan
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